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SB 259 - Court Reporters - disqualification, reporting depositions for interest

Hecht, Greg K. (34th)	Kemp, Rene' D (3rd)	Meyer von Bremen, Michael S. (12th)

Status Summary	SC:	S Judy	HC:	Judy	FR:	03/03/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A bill to amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, and Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, "The Georgia Court Reporting Act," so as to change provisions relating to disqualification of court reporters from reporting depositions for interest; to prohibit specified contracts; to provide for exceptions; to provide definitions.

Code Sections - 15-14-37

SB 259 99                                            SB259/AP 
 
      SENATE BILL 259 
 
      By:  Senators Hecht of the 34th, Kemp of the 3rd, 
           Meyer von Bremen of the 12th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 9-11-28 of the Official Code of 
  1- 2  Georgia Annotated, relating to persons before whom 
  1- 3  depositions may be taken, and Article 2 of Chapter 14 of 
  1- 4  Title 15 of the Official Code of Georgia Annotated, "The 
  1- 5  Georgia Court Reporting Act," so as to provide that 
  1- 6  depositions may be taken before a court reporter who is a 
  1- 7  relative of a party or of counsel of a party in specified 
  1- 8  circumstances; to provide for penalties relating to the 
  1- 9  illegal conduct of court reporting firms; to require 
  1-10  registration of court reporting firms; to authorize rules 
  1-11  and regulations; to provide that court reporting firms are 
  1-12  governed by laws governing court reporters; to provide an 
  1-13  effective date; to repeal conflicting laws; and for other 
  1-14  purposes. 
 
  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-16                           SECTION 1. 
 
  1-17  Code Section 9-11-28 of the Official Code of Georgia 
  1-18  Annotated, relating to persons before whom depositions may 
  1-19  be taken, is amended by striking in their entirety 
  1-20  subsections (c) and (d), and inserting in lieu thereof the 
  1-21  following: 
 
  1-22    "(c) Disqualification for interest. No deposition shall be 
  1-23    taken before a court reporter who is a relative, employee, 
  1-24    attorney, or counsel of any of the parties, or who is a 
  1-25    relative or employee of such attorney or counsel, or who 
  1-26    is financially interested in the action, excepting that a 
  1-27    deposition may be taken before a court reporter who is a 
  1-28    relative of a party or of an attorney or counsel of a 
  1-29    party if all parties represented at the deposition enter 
  1-30    their explicit consent to the same upon the record of the 
  1-31    deposition." 
 
  1-32                           SECTION 2. 
 
  1-33  Said article is further amended by striking in its entirety 
  1-34  Code Section 15-14-37, relating to the prohibition of 
 
 
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  2- 1  certain contracts and the duty of court reporters to inquire 
  2- 2  as to the nature of the contract, and inserting in lieu 
  2- 3  thereof the following: 
 
  2- 4    "15-14-37. 
 
  2- 5    (a) Contracts for court reporting services not related to 
  2- 6    a particular case or reporting incident between a 
  2- 7    certified court reporter or any person with whom a 
  2- 8    certified court reporter has a principal and agency 
  2- 9    relationship and any attorney at law, party to an action, 
  2-10    party having a financial interest in an action, or agent 
  2-11    for an attorney at law, party to an action, or party 
  2-12    having a financial interest in an action are prohibited. 
  2-13    Attorneys shall not be prohibited from negotiating or 
  2-14    bidding reasonable fees for services on a case-by-case 
  2-15    basis. 
 
  2-16    (b) In order to comply with subsection (a) of this Code 
  2-17    section, each certified court reporter shall make inquiry 
  2-18    regarding the nature of the contract for his or her 
  2-19    services directed to the employer or the person or entity 
  2-20    engaging said court reporter's services as an independent 
  2-21    contractor. 
 
  2-22    (c) This Code section shall not apply to contracts for 
  2-23    court reporting services for the courts, agencies, or 
  2-24    instrumentalities of the United States or of the State of 
  2-25    Georgia. 
 
  2-26    (d) A court reporting firm doing business in Georgia shall 
  2-27    register with the board by completing an application in 
  2-28    the form adopted by the board and paying fees as required 
  2-29    by the board. 
 
  2-30    (e) Each court reporting firm doing business in Georgia 
  2-31    shall renew its registration annually on or before April 1 
  2-32    following the date of initial registration, by payment of 
  2-33    a fee set by the board. 
 
  2-34    (f) Court reporting firms doing business in Georgia are 
  2-35    governed by this article.  The board shall have authority 
  2-36    to promulgate rules and  regulations not inconsistent with 
  2-37    this article for the conduct of court reporting firms. 
 
  2-38    (g) The board is authorized to assess a reasonable fine, 
  2-39    not to exceed $5,000.00, against any court reporting firm 
  2-40    which violates any provision of this article or rules and 
  2-41    regulations promulgated in accordance with this Code 
  2-42    section." 
 
 
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  3- 1                           SECTION 3. 
 
  3- 2  This Act shall become effective on the first day of July 
  3- 3  following its approval by the Governor or upon its becoming 
  3- 4  law without such approval. 
 
  3- 5                           SECTION 4. 
 
  3- 6  All laws and parts of laws in conflict with this Act are 
  3- 7  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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